IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1883 of 2007()
1. MR.HABEEB, S/O.K.IBRAHIM,
... Petitioner
Vs
1. S.H.O.IRRIKKUR POLICE STATION,
... Respondent
For Petitioner :SRI.C.K.SREEJITH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :27/03/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 1883/2007
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Dated this 27th day of March, 2007
O R D E R
The petitioner, who is the twelfth accused in Crime
No.55/2002 of Irrikkur Police Station for offences punishable
under Sections 143, 147, 148, 449 and 302 IPC read with
Section 149 IPC, seeks his enlargement on bail.
2. The petitioner was granted bail during the crime
stage and thereafter, he was absconding. He did not appear
before the Committal Court. At a stage when non bailable
warrants of arrest were pending against him, he moved this
Court for a direction to the Committal Magistrate to release him
on bail. This Court directed the petitioner to appear before the
Magistrate and seek regular bail. This Court also as per the
order dated 13.3.2007 in Crl.M.C.No.673/2007, directed the
Sessions Court to commit the case of the petitioner to the
Sessions Court without much delay, so that the case could be
tried along with the main case namely Sessions case
No.1556/2005 pending before the Additional Sessions Court
(Fast Track-III), with regard to the co-accused in the case.
3. Consequent on the surrender by the petitioner before
the Magistrate on 20.3.2007, he was remanded to judicial
B.A.1883/2007
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custody after dismissing his application for bail. The order of
the Magistrate states that the case of the petitioner has also
been committed to the Court of Sessions.
4. This is a case where the petitioner had fled from
justice by jumping bail, after he was enlarged on bail during the
crime stage. The Magistrate was also not convinced that the
petitioner would be available for trial in case he was enlarged on
bail. Under these circumstances, I am not inclined to grant bail
to the petitioner. The Sessions Court, Thalassery shall ensure
that the case of the petitioner is also brought and made over to
Additional Sessions Court (Fast Track-III), Thalassery, to be
tried along with S.C.No.1556/2005 expeditiously.
This application is accordingly dismissed.
V.RAMKUMAR,
JUDGE
mrcs
B.A.1883/2007
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